DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DGL (Australia) Pty Ltd
(AG2017/2872)

DGL (AUST) PTY LTD ENTERPRISE AGREEMENT (WAREHOUSING OPERATIONS) SA 2017-2020

Road transport industry
COMMISSIONER JOHNS	SYDNEY, 27 JULY 2017

Application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2017-2020.

[1] On 17 July 2017 DGL (Australia) Pty Ltd (Applicant) made an application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. In any case, the undertakings were provided to the employee bargaining representative for their reference.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 August 2017. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

DGL (Australia) Pty Ltd recently appeared before the Fair Work Commission in an application for approval of the DGL (Aust) Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2017-2020. The application was brought by the applicant employer, DGL (Australia) Pty Ltd, and the respondent union, the Transport Workers Union of Australia, sought to have the agreement approved. The agreement related to the terms and conditions of employment for warehousing employees within the specified period. The central dispute focused on whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided fair and reasonable terms and conditions for the employees involved.

The court was required to determine several legal issues, including whether the agreement was made in good faith and whether it contained the minimum terms as prescribed by the Fair Work Act. Additionally, the court examined whether the agreement met the procedural requirements, such as proper consultation and notification processes, and whether it provided for the fair and reasonable terms and conditions of employment. The court also considered whether the agreement provided for the appropriate bargaining representatives and whether it contained the necessary provisions regarding minimum wages, entitlements, and other employment terms.

In its decision, the Fair Work Commission found that the agreement met the statutory requirements under the Fair Work Act. The court held that the agreement was made in good faith, provided the minimum terms as required by the Act, and contained appropriate provisions for wages, entitlements, and other employment terms. The Commission concluded that the agreement was fair and reasonable, providing adequate protections and benefits for the employees involved. As a result, the court approved the DGL (Aust) Pty Ltd Enterprise Agreement (Warehousing Operations) SA 2017-2020.

The final orders of the Fair Work Commission were to approve the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the specified period, subject to any further orders or variations that may be made by the Commission in the future. The decision was binding on the parties involved and would set the terms and conditions for the warehousing employees within the specified period.

DGL (Australia) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established